Abstract

ZAPATA ROMERO, Sergio. On the Colombian Judicial Government Under the Constitution of 1886. Opin. jurid. [online]. 2021, vol.20, n.41, pp.297-314.  Epub Nov 11, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n41a11.

This article corresponds to an advance of the research project "Judicial autarchy in Latin America: background, scope, achievements and challenges" which for the specific case aims to identify the way in which the judicial government was implemented within the framework of the 1886 constitution; as well as the reasons that motivated its establishment and evolution during the validity of said political Charter; to achieve this, historical-legal and socio-legal research were combined, under a mixed (theoretical-empirical) quantitative and hermeneutical approach, that allowed concluding the existence of an authoritarian substratum in the judicial government under the regenerationist constitution, which imposed a harmful administrative and guardianship control of the executive in judicial affairs, on which the resistance of the legal structure to hosting transit would be built, towards the judicial autarchy that was proposed as a solution to the problems that affected the administration of justice.

Keywords : judicial branch; Judicial Revolving Fund; Ministry of Justice; judicial administration; judicial self-government; administrative and guardianship control; Constitution of 1886.

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